Current through Register Vol. 35, No. 6, March 26, 2024
A.
Conditions for replacement: Subject to certain restrictions,
households may be authorized a replacement issuance when the household reports
the food purchased with SNAP benefits was destroyed in a household misfortune
or natural disaster. The loss must be reported within ten calendar days of the
day the food purchased with SNAP benefits was destroyed. The loss is ineligible
for replacement if the loss is not reported timely.
(1)
Replacing benefits: Subject
to certain restrictions, households may be authorized a replacement issuance of
SNAP benefits when the household reports that food purchased with the SNAP
benefits was destroyed in a household misfortune or natural disaster.
(2)
Reporting the loss: The loss
of food purchased with SNAP benefits must be reported in a timely manner by the
household. The report will be considered timely if the loss is reported within
10 days of the date the food purchased with SNAP benefits is destroyed in
household misfortune or natural disaster.
(3)
Ineligible for replacement:
Food purchased with SNAP benefits will not be replaced if:
(a) the household reports that the food
purchased with SNAP benefits was destroyed after receipt in an event other than
a household misfortune or natural disaster; or
(b) the loss was not timely reported by the
household.
(4)
Household responsibilities: To qualify for a replacement, the
household must:
(a) report the loss in a
timely manner, either orally or in writing; and
(b) sign an affidavit or statement attesting
to the loss of the household's food purchased with SNAP benefits.
(5)
HSD
responsibilities: HSD shall issue the replacement SNAP benefit amount if
warranted, within 10 days after the report of loss, or within two working days
of the date that HSD receives the signed affidavit or statement, whichever is
later. Replacement of SNAP benefits will be delayed until a determination of
the value of the benefits can be made.
(6)
Affidavits: If a signed
affidavit is not received by ISD within 10 days of the date the loss is
reported, there will be no replacement. If the 10th day falls on a weekend or
holiday, the deadline is the day after the weekend or holiday. The affidavit is
retained in the client electronic case record. It attests to the destruction of
food purchased with the original issuance and specifies the reason for the
replacement. It shall also state that the household is aware of the penalties
for intentional misrepresentation of the facts, including but not limited to, a
charge of perjury for a false claim.
(7)
Authorization: There will be
no limit on the number of replacements a household may be authorized for food
purchased with SNAP benefits which was destroyed in a household misfortune or
natural disaster.
(8)
Verification of conditions for replacement: Before replacing
destroyed food purchased with SNAP benefits, ISD shall determine that the
destruction occurred in a household misfortune or natural disaster, such as a
fire, as well as in natural disasters affecting more than one household. This
is verified through one of the following:
(a)
collateral contacts; or
(b)
documentation from a community agency such as but not limited to, the fire
department or the red cross; or
(c)
a home visit; or
(d) FNS has issued
a disaster declaration and a household is eligible for emergency SNAP benefits;
a household cannot receive both the disaster SNAP benefit and a replacement
benefit for a household misfortune or natural disaster.
B.
Calculation of
replacement: A replacement of the actual value of the loss not to exceed
one month's SNAP benefit amount may be issued if food purchased with SNAP
benefits is destroyed in a household misfortune or natural disaster affecting a
participating household. HSD will provide a replacement issuance within 10 days
of a reported loss.
C.
Fair
hearings: A household must be informed of its right to a fair hearing to
contest denial of a replacement issuance. Replacements will not be authorized
during the appeal process. A replacement is authorized if the appeal is decided
in favor of the household.